Crogan v. Schiele
Supreme Court of Connecticut
Action for an injury by reason of the negligence of the defendant; brought to the Superior Court. The first count of the complaint alleged that the defendant, on the 17th day of November, 1888, was the possessor and occupier of certain premises with the appurtenances situate in the city of New Haven, adjoining a certain public highway in said city known as Franklin street, and kept, maintained and permitted to remain on said premises, substantially adjoining sai^l public…
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Action for an injury by reason of the negligence of the defendant; brought to the Superior Court. The first count of the complaint alleged that the defendant, on the 17th day of November, 1888, was the possessor and occupier of certain premises with the appurtenances situate in the city of New Haven, adjoining a certain public highway in said city known as Franklin street, and kept, maintained and permitted to remain on said premises, substantially adjoining sai^l public highway and so near the public footway of said highway as to make the use of the same unsafe and dangerous, a deep area or…
1Opinion of the CourtStoddard, J.
A demurrer to the complaint was filed in this case; that demurrer was overruled, and in accordance with our practice the damages were assessed by the court.
In this jurisdiction the effect of a demurrer to the complaint in cases of this character is to admit, for the purposes of the hearing in damages, the truth of every material and well-pleaded statement of fact in the complaint. Such admission is conclusive so far as the right of action, and the consequent right to nominal damages is concerned, and is prima facie as related to substantial damages. The defendant has the legal right to prove…
2Cases cited7 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
- City of Norwich v. BreedSupreme Court of Connecticut · 1862
- Young v. HarveyIndiana Supreme Court · 1861
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3Cited by44 opinions
- Johnston v. De La Guerra Properties, Inc.California Supreme Court · 1946
- Pomponio v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
- Mills v. Orcas Power & Light Co.Washington Supreme Court · 1960
- Sedita v. SteinbergSupreme Court of Connecticut · 1926
- Lawler, Admr. v. Hartford Street Ry. Co.Supreme Court of Connecticut · 1899
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